Janardhan Pyarelal Dubey v. The State Of Maharashtra Through The Secretary And 6 ORS.

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 11th March, 2025 FOR HEARING AND FINAL DISPOSAL :

CHOL/76/2025 in WPL/32525/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rakesh Kumar Saroj, Advocate for the applicant.

None present for rest of the respondents.

P.C.:

The present Chamber Order is taken out by the applicant for setting aside Order dated 20.02.2024 r/w. Order dated 16.12.2024, rejecting captioned Petition under O.S.Rule 986 for non-compliance of office objections.

Today, Ld. A.G.P appearing for respondent nos. 1 to 4 made a statement that she waives service of Chamber Order for and on behalf of respondent no. 5. Statement is accepted.

Ld. Advocate for the applicant submits that as per Affidavit of Service dated 06.03.2025, respondent nos. 1 to 5 were served with the Chamber Order; respondent nos. 6 and 7 are residing on the same address; respondent no.

6 has duly been served; however, acknowledgment though does not clearly bear signature of recipient/respondent no. 7 but it can be presumed that it was served on the respondent no. 7.

Upon perusing record, I find substance in the submissions of ld. Advocate for the applicant. Hence, it is presumed that respondent no. 7 has duly been served with the Chamber Order.

Heard ld. Advocate for the applicant. Perused Affidavit in Support, contents of which are self-explanatory. It is averred that at the relevant time, Advocate on record was out of station to take care and treatment of his old father, who met with an accident and was undergoing treatment of severe head injury due to which office objections could not be

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 11th March, 2025 contd....

CHOL/76/2025 in WPL/32525/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) complied with. It is further averred that delay of 10 days caused in filing present Chamber Order, which was unintentional and same may be condoned.

Considering genuine reasons, as noted aforesaid, I am of the view that the applicant has made out a case for restoration of captioned Petition. In view thereof, in the interest of justice, delay of 10 days caused in filing present Chamber Order is condoned and the present Chamber Order is granted as prayed and signed separately.

The petitioner to remove office objections on the Petition and get the same registered and/or numbered within four weeks from the date of uploading of Order, failing Petition to stand rejected for non-compliance of office objections under O.S.Rule 986.

Date : 11.03.2025 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2025.03.11 16:55:18 +0530 RAJEEV VIJAY ACHARYA